Which Districts of the Court of Appeal Average the Most Votes to Affirm in Criminal Cases (Part 1)

Yesterday, we turned our attention to the average votes to affirm in civil cases the Districts of the Court of Appeal in civil cases at the California Supreme Court between 2000 and 2007. Today, we address the average votes to affirm on the criminal side of the docket during those same years.

Not surprisingly, most Districts of the Court of Appeal consistently averaged a higher votes-to-affirm in criminal cases than they did in civil matters. Division One of the First District is typical, averaging six votes in 2002, 4 in 2005 and 2006, and 6.33 in 2007. Division Two fared less well – an average of five votes to affirm in the three-year floating average for 2002, but 3.75 in 2003, 2.67 in 2004, 2 in 2005, 0.67 in 2006 and 0.4 in 2007. Division Three of the First District had consistently high votes to affirm – an average of six in 2002 and 2003, 6.67 in 2004, 5.33 in 2005, 5.75 in 2006 and 5 in 2007. Division Four of the First District was a bit below the statewide average during these years, averaging 3.33 votes in 2002 and 2003, 4.4 in 2004, 4.5 in 2005 and 4 votes in 2006 and 2007. Division Five did slightly worse – 3.33 votes in 2002, 3.25 in 2003 and down to 2.8 in 2004 before rising to 3.5 in 2005, 3.6 in 2006 and 3.67 in 2007.

Division One of the Second District was consistently well below the statewide average for criminal cases. In 2002, the court averaged 1.58 votes to affirm. The next year, the figure had dropped 1.14. In 2004, the court’s average was 1.13. Division Two had high numbers between 2002 and 2005 – 4.4 in 2002, 5 in 2003, 7 in 2004 and 5.5 in 2005 – before tailing off. Division Three was consistently right around the statewide average for criminal cases, averaging 4.5 votes in 2002, 5 votes in 2004, 5.5 in 2005 and 4.75 in 2006. Division Four was only slightly behind that, averaging 4.2 votes in 2003, 4.33 in 2004 and 3.8 in 2005. Divisions Five, Six and Seven, however, were well below statewide averages. In 2002, Division Five averaged 2.29 votes. The average rose to 3.2 in 2003, but fell back to 2.25 in 2004. Division Six was generally between two and three votes – 1.8 in 2002, 2 in 2004, 3 in 2005, 2.33 in 2006 and 2.67 in 2007. Division Seven was similar: 2.63 in 2002, 2.6 in 2003, 1.9 in 2004, 1.73 in 2005, 2.14 in 2006 and 3.25 in 2007. The Court heard only five criminal cases from Division Eight during these years, and the Court averaged 4.2 votes in 2005, dropping to 1.33 in 2006 and 2.2 in 2007.

The Third District performed well in the first half of the period before tailing off. In 2002, the court averaged 3.5 votes to affirm. In 2003, the court averaged 4.19 votes, 3.53 in 2004, 3.11 in 2005, before dropping to 2.22 in 2006 and 2 votes in 2007.

Division One of the Fourth District was generally right around the statewide average during these years, at 3.93 votes in 2002, 3.67 in 2003, 3.48 in 2004, 3.79 in 2005 and 3.27 in 2006, before falling to 2.33 in 2007. Division Two of the Fourth District was even higher: 3.8 votes in 2002, 4.33 in 2003, 4.2 in 2004, 4.67 in 2005, 3.5 votes in 2006 and 3.71 votes in 2007. Division Three, on the other hand, tended to be below the statewide average, at 2.33 votes in 2002, 1.75 in 2003, 1.38 in 2004, and 2.45 in 2005, before rising to 3.5 in 2006 and 4.38 in 2007.

The Fifth District was consistently below the statewide average throughout these years. The court averaged 1.38 votes to affirm in 2002, 2.81 in 2003 and 2004, 3.41 in 2005, 2.91 in 2006 and 2.16 in 2007. The Sixth District almost always fared below the statewide average too; the court averaged 4.1 votes to affirm in 2002, 2.86 in 2003, 1.2 in 2004, 1.0 in 2005, 2.2 in 2006 and 3.36 votes in 2007.

Direct appeals from the Circuit Court, on the other hand, have consistently fared very well. In 2002, direct appeals averaged 5.34 votes to affirm. In 2003, direct appeals averaged 4.82 votes. In 2004, it was 4.81, 5.25 in 2005, 5.51 in 2006 and 5.68 in 2007.

Join us back here next Wednesday as we turn our attention to the average votes to affirm in the Courts of Appeal between 2008 and 2015.

About this Blog

In the next few years, data analytics will revolutionize litigation. At the California Supreme Court Review, we’ve mined dozens of data points from every one of the more than 3,000 decisions handed down by the California Supreme Court from 1990 through 2017. We use that unique database to share new insights culled from tens of thousands of pages of opinions about the Justices and their decision-making process, the parties and issues which come before the Court.